Litigation Strategies

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4 Ways Not to Preserve Objections to Jury Instructions

The trouble began with an off-the-record charge conference. Both sides proposed standard breach of contract jury instructions, but the defendant added additional language. The trial court gave the defendant’s version. The...more

Important Changes in Litigating Oil and Gas Cases in Federal Court: What the 2015 Amendments to the Federal Rules Mean for Oil and...

Many oil and gas disputes are litigated in federal court. In recent years, federal litigation has undergone significant changes in discovery practices and rules. For example, with the increase in electronically stored...more

Classic Scholarship – A Theory of Legal Strategy

One of the things that makes legal academia so frustrating to practitioners (and possibly courts) is that much of it appears to focus on easily-researched questions, instead of the genuinely difficult questions that would...more

Litigators: What’s your story?

Trial lawyers see a case as a story. They are constantly thinking about the story and why the jury should care about it. Litigators see a case as a series of motions and briefs, depositions and documents....more

Productivity and Motivation: Make the End of 2015 Count!

Can you believe that we are in the last four months of the year? Not to mention, today is the halfway point of September? I know I can’t! 2015 sure seems to be flying by! When it comes to the homestretch of the year, I know...more

5 Ground Rules to Explain to Your New Client

The initial interview with a prospective client is the time to explain the ground rules of the attorney-client relationship. Here are five rules to make sure you cover....more

Microsoft Sway: PowerPoint is Dead! Long Live PowerPoint!

Litigator’s Toolbox: PowerPoint or… There is no denying that, along with a good trial presentation database, PowerPoint is an integral part of the litigator’s toolbox. PowerPoint is the claw hammer that drives your point...more

Using Google Maps in Vehicle-Related Cases

In my last blog, I discussed the use of mobile videoconferencing in trial vs. video de benne esse depositions. This blog will discuss using Google Maps in vehicle-related cases. For car accidents, personal injury, and...more

Waive Your Right to a Jury Goodbye

The Seventh Amendment to the United States Constitution, which is binding upon only federal courts, and many state constitutions provide a right to a trial by jury. But the right to a jury trial, even when constitutionally...more

The Case Against Removing to Federal Court

Defense attorneys are typically well aware of the benefits of removing a case to federal court. They include the greater potential for well-reasoned and researched decisions—leading to more predictable outcomes—and tougher...more

Where Fantasy Football and Trial Practice Intersect

With Labor Day right around the corner, the NFL is gearing up for the 2015 season. Fantasy football leagues are getting ready for another year of camaraderie, smack talk, and thoughts of a championship. Mention...more

Some Lessons From Berg v. Nationwide Mut. Ins. Co.

On July 22, 2015, the Pennsylvania trial court in Berg v. Nationwide Mut. Ins. Co., Civ. Action No. 98-813 (Pa. Common Pleas, Jul. 22, 2015) filed a supplemental opinion under Pa. R.A.P. 1925(a) in connection with the appeal...more


Words matter. I have chosen mine poorly. I am here to correct my ways. For the longest time, I have written critically of “BigLaw,” as if size itself was the problem. To be sure, most large law firms suffer from the problem,...more

Attention All Co-Defendants: Make Your Own Objections, Don’t Rely on a Co-Defendant

A recent Pennsylvania case presents the question: can a party rely on its co-defendant’s objections at trial, or must it join in an objection or make its own? In Amato v. Bell & Gossett, 116 A. 3d 607 (Pa. Super 2015),...more

5 Ways to Challenge a Grant of Summary Judgment

When a summary judgment motion is granted and you’re representing the opposing party, you have a few choices in how to respond. You can challenge the grant directly in the trial court by one of four motions or wait to appeal...more

[Webinar] Strategies for Class Action Defense: Four Key Developments - Sept. 9th, 12:00pm EDT

Please join BakerHostetler’s Class Action Defense practice team on Wednesday, September 9, 2015, for an informative Webinar discussing the latest in defense strategies for companies facing class actions. The presenters will...more

Changes in the Law Part 2: When Appellate Counsel Are Called Upon to Be Fortune Tellers

Several months ago, we reported on a case in which a Florida court ruled that in order to take advantage of a change in the law, a party must first make the proper objection at trial. In other words – trial lawyers were...more

How To Choose A Divorce Lawyer

Selecting the right attorney is an important decision in ending a marriage and successfully beginning the next stage of your life. The right Matrimonial Lawyer will assist you in identifying the issues, understanding your...more

12 Steps to an Effective Mock Trial

While the mock trial has become standard operating procedure in the preparation of a high-stakes jury trial, it is rarely used in the preparation of a bench trial or arbitration. As bench trials and arbitrations often...more

California Lawyer 2015 Roundtable Series – False Claims Act

False Claims Act practice is evolving in subtle ways that may particularly affect cases where the federal government does not intervene. Recent decisions help clarify the law’s “first-to-file” rule and who may pursue...more

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 3

The basics of the Texas Anti-SLAPP law In part three we are going to deep dive into a specific case that has garnered a lot of attention-Schlumberger v. Rutherford which is currently on appeal to the Houston Court of...more

How To Make Computer Fraud Claims Stick

Employers need clear policies in order to use a federal criminal law as a civil remedy against workers. The recent decision in Allied Portables v. Youmans from the U.S. District Court for the Middle District of Florida...more

Five Tips for Success in Cyber Insurance Litigation

Many insurance coverage disputes can be, should be, and are settled without the need for litigation and its attendant costs and distractions. However, some disputes cannot be settled, and organizations are compelled to resort...more

New Lessons from Cosby: Confidential Doesn’t Always Mean Confidential

How, after all these years, did the truth about Bill Cosby finally come out? It happened on July 6, 2015 when a federal judge in Philadelphia ordered that documents filed in a lawsuit by one of Cosby’s accusers 10 years...more

Litigation and Dispute Resolution in Canada

This Guide provides an introduction to Canada’s civil litigation and dispute resolution system. It describes the procedures followed in Canada’s civil courts and administrative tribunals, and discusses alternatives to dispute...more

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